A split Martha’s Vineyard Commission has ruled out holding a public hearing on an unauthorized building change at El Barco, Patrick Lyons’s new outdoor tacqueria in downtown Vineyard Haven.

Commissioners also agreed to have their compliance committee review the restaurant, to ensure it is meeting the requirements of its MVC approval as a development of regional impact.

On August 8, the commission voted 7-5 to allow, retroactively, a large ventilation and exhaust unit for the kitchen that was not included in the approved building plans.

Commissioner Michael Kim, an architect experienced with restaurant design, accused the restaurateur and his agent of negligence in not showing the unit on building plans.

“They knew that this was coming,” said Mr. Kim, who voted in favor of a public hearing and against the retroactive approval. 

“It’s the most basic thing and they neglected to put it on [the plans],” he said.

Other commissioners, including Joan Malkin, Kathy Newman and Kate Putnam, said they were weary of modification requests for the Stone Bank mixed-use complex that includes El Barco, and wanted the public to weigh in.

But commissioner Ben Robinson noted that Mr. Lyons is well within his rights to seek MVC approval.

“There’s no limit to the number of modifications any applicant can come in front of us with. We have to look at this one in its particular form,” said Mr. Robinson, who voted with the majority.

The ventilation unit, which juts from the kitchen building above the first floor, has been painted red to match the rest of the structure and a sapling tree has been planted nearby to grow into a natural screen.

Peter Stam, who lives next door to the restaurant and attended the August 8 meeting, said the exhaust system is not removing enough odor from the air.

“It stinks, [but] it’s not my biggest issue. Noise is the biggest issue,” said Mr. Stam, who has also complained to the commission about the outdoor restaurant’s television sets.

“That’s a somewhat different issue and we’re going to deal with that separately,” chair Fred Hancock said.

“They have retained counsel who seems to be under the misapprehension that [the televisions] weren’t covered in our decision,” Mr. Hancock said.

The commission will not issue a certificate of compliance to El Barco until the issue is resolved, he said.

In other business August 8, commissioners voted unanimously to allow a lot line adjustment at the site of the future Martha’s Vineyard Boys and Girls Club in Edgartown and to approve the Eddy family subdivision in Chilmark.